Transgender employees in the U.S. have recently gained some allies in their fight against discrimination. Both the Equal Employment Opportunity Commission (EEOC) and the Department of Justice have pursued cases against companies who have discriminated against transgender employees. A July 8th ruling by the Justice Department concluded that transgender discrimination is a form of sex discrimination and is therefore prohibited by Title VII of the Civil Rights Act of 1964.
Transgender Discrimination Case Against ATF Resulted in Landmark Decision
A recent workplace discrimination case involved a transgender woman who had been hired by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). When she applied for the job and her hiring process was initiated in 2011, Mia Macy identified as male, but during the time of her background check, she transitioned to identifying as female. When she informed the ATF of her name change in early April, 2011, the hiring process was immediately stopped and she was told she no longer had the job.
After being told that her complaint of transgender discrimination was invalid by the ATF’s equal employment opportunity office, she appealed to the EEOC. The EEOC unanimously ruled that the employment discrimination against Ms. Macy was a form of sex or gender discrimination, and the case was sent to the Justice Department. Because the ATF is an agency overseen by the government, the Justice Department must conduct a full investigation of all claims of discrimination.
The Justice Department concluded its lengthy investigation in July of this year, stating that because her hiring was in process until she announced her change of sex, she had been the victim of illegal gender discrimination. The ruling is being celebrated by LGBT activists because it establishes a precedent for protecting the rights of transgender workers. Until the Supreme Court is presented with a case and issues a ruling on the subject, there is still room for interpretation within the protections of Title VII, but the support of two major government agencies – the EEOC and the Justice Department – is promising for transgender employees who may be confronted with discrimination in the workplace.
Philadelphia Employment Discrimination Attorneys at Sidney L. Gold & Associates Advocate for Transgender Discrimination Victims
The EEOC and Justice Department are valuable resources for employees who have faced transgender discrimination, but the fight is far from over. Sex discrimination comes in many forms, and it cannot be tolerated in the workplace. If you have been the victim of transgender discrimination or any type of sex or gender discrimination, an experienced employment discrimination attorney can fight to protect your rights.
The Philadelphia employment law firm of Sidney L. Gold & Associates is committed to getting justice for transgender employees who have suffered discrimination at work. Our professional, compassionate team of sex discrimination attorneys will use their knowledge and experience to thoroughly investigate your case and see that you get the compensation you deserve. With offices conveniently located in Center City Philadelphia, we serve clients throughout Pennsylvania and New Jersey. Call 215-569-1999 or contact us online.